Encapsulation:
Homeland Security investigator Christopher Sanchez received a telephone call from Border Patrol agent Rene Sanchez about Aldrete-Davila's encounter with Ramos and Compean. Rene Sanchez stated "that Osbaldo Aldrete-Davila's mother, Marcadia Aldrete-Davila, contacted Rene Sanchez's mother-in-law, Gregoria Toquinto, and advised her about the BP agents shooting Aldrete-Davila. Toquinto told her son-in-law, Rene Sanchez, of the incident, and he spoke to smuggler Aldrete-Davila via a telephone call."
It's a fact that this BP agent is related to a drug dealer through marriage. If the last name similarity isn't just a coincidence, so is the Homeland Security investigator. This warrants a full-scale investigation, especially when a government employee stated repeatedly that chasing suspects is strictly forbidden. Who made that rule, when was it implemented, who approved it and what use is a Border Patrol ordered to let people who run get away?
The article is not very clear, what the prosecutor is talking about the BPs vehicle pursuit policy not foot pursuits. At any rate it is irreverent to a criminal investigation as it would only constitute a violation of policy not a criminal act.
In reading the limited amount of information this case appears to come down to whether the agent reasonably believed that the bad guy had a gun and posed an immediate threat (or in the technical legal definition whether a reasonable person would).
These guys really screwed them selves when they failed to report the shooting believing they had not hit the scumbag.
They must have had really bad attorneys or something because this case makes no sense to me as explained.